Andrew James Hood v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-95-047-CR

ANDREW JAMES HOOD,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court At Law #2

McLennan County, Texas

Trial Court # 940170 CR2

MEMORANDUM OPINION

A jury found Andrew Hood guilty of unlawfully carrying a weapon, and the court assessed punishment of 180 days' confinement in the McLennan County jail, probated for twelve months, and a $2,000 fine, of which $1,500 was also probated. Tex. Penal Code Ann. 46.02 (Vernon 1994). Although Hood appealed from his conviction, on December 21, 1995, he filed a "motion to withdraw" in which he requests that we dismiss his appeal.

In the relevant portion, Rule 59 of the Texas Rules of Appellate Procedure states:

(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be sent to the clerk of the trial court in which notice of appeal was filed.

Tex. R. App. P. 59(b).

Hood has signed the motion to withdraw his notice of appeal, as required by the rule. // Id. We have not issued a decision in this appeal. Thus, his notice of appeal has been withdrawn.

Hood's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed January 3, 1996

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